State v. Hundley
Supreme Court of Missouri
Appeal from Fifth District Court. The seventh instruction given for the .State was calculated to mislead the jury to the prejudice of the defendant, and was a comment or argument upon the evidence by the court, which is forbidden by the law, and trenches upon the province of the jury.
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Appeal from Fifth District Court. The seventh instruction given for the .State was calculated to mislead the jury to the prejudice of the defendant, and was a comment or argument upon the evidence by the court, which is forbidden by the law, and trenches upon the province of the jury. (Schneer v. Lemp, 17 Mo. 142 ; 8 Mo. 268 ; Whitney v. The State, id. 165; Garesche v. Boyce, id. 228, 282; Emerson et al. v. Sturgeon, 18 Mo. 170; Rippy v. Eriede, 26 Mo. 528 ; Scoggins v. Wilson et al., 13 Mo. 80 ; The State v. Cushing, 29 Mo. 215 ; Choucprette v. Barada, 28 Mo. 491-8; Hine v. St. Louis Public…
1Opinion of the CourtWagNER, Judge
The defendant was indicted in the Circuit Court of Gentry county for murder in the first degree, in the killing of Wm. A. Boyer, and, on a change of venue to DeKalb county, he -svas convicted and sentenced to be executed. The killing was most clearly proved, and the defense was rested solely upon the ground of insanity. The only question presented for consideration is the propriety of certain instructions given by the court, of its own motion and at the request of the prosecution, and also certain instructions -which were asked by the defendant and refused.
An objection is raised against the…
2Cases cited5 opinions
- State v. HutingSupreme Court of Missouri · 1855
- State v. CrossSupreme Court of Missouri · 1858
- United States v. DrewU.S. Circuit Court for the District of Massachusetts · 1828
- State v. KlingerSupreme Court of Missouri · 1868
- State v. McCoySupreme Court of Missouri · 1864
3Cited by43 opinions
- Goodwin v. StateIndiana Supreme Court · 1883
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- State v. HolmeSupreme Court of Missouri · 1873
- State v. YoungSupreme Court of Missouri · 1889
- State v. RichardsonSupreme Court of Missouri · 1973
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